Tényleg vannak a gyermekeknek alapjogaik?

Abstract

Attila Lápossy and Bernadette Somody in their paper highlights that it is taken as a given that children are holders of fundamental rights without conditions or discrimination. However, constitutional legal theory and practice often struggle to clearly define what this means in practice. Key questions arise, such as whether a child’s evolving maturity can justify limiting their independent exercise of fundamental rights, and to what extent. Also, since children’s rights are often exercised with parental involvement, the role of parents in these legal relationships must be clarified. If children’s fundamental rights are real and enforceable, legal frameworks must be built on solid theoretical foundations. This study argues that recognizing children as true bearers of fundamental rights requires addressing critical doctrinal issues. It explores four core questions to propose a more coherent and predictable foundation for acknowledging, exercising, and constitutionally limiting children’s rights.